Malaysian Bar president Lim Chee Wee spoke to the crowd of lawyers & NGOs at the LakeGarden before the Walk For Freedom march (Photos by Lim Lip Eng & Ooi Leng Hang)Source: http://thestar.com.my/news/story.asp?file=/2011/11/30/nation/10003037&sec=nation (By REGINA LEE, 30/11/2011)The idyllic LakeGardens here saw a different scene when hundreds of lawyers gathered to protest against the Peaceful Assembly Bill. Led by Bar Council president Lim Chee Wee, they marched about half a kilometre to Parliament House to hand over a memorandum and their own proposed amendments at noon yesterday.Joining them in the Walk to Freedom were civil society activists, including Bersih 2.0 chairman Datuk Ambiga Sreenevasan.Lim said the Attorney-General had consulted the council several weeks ago over the drafting of the Bill. "But the version that was tabled was very different," he said.The PKR representatives in the march included MPs Zuraida Kamaruddin (Ampang), Loh Gwo Burne (Kelana Jaya) as well as Seri Andalas assemblymen Dr Xavier Jeyakumar and officials N. Surendran and Latheefa Koya.The DAP representatives included MPs Lim Lip Eng (Segambut) and Wong Ho Leng (Sibu) while PAS was represented by Parit Buntar MP Mujahid Yusof Rawa and central committee member Hanipa Maidin.Constitutional law committee chairman Syahredzan Johan said the provisions were "ridiculous".As they marched towards the Parliament building, another group, calling itself Pertubuhan Putra Malaysia, appeared at the opposite side of the road to protest against "free sex" and homosexuality. Numbering about 100, they wore yellow T-shirts and carried banners condemning sexuality rights festival organiser Seksualiti Merdeka. They attempted to drown out the lawyers' chants of "freedom of the people" and "freedom of assembly" with their own cries of "anti-sodomy" and "no free sex". Seksualiti Merdeka founder Pang Khee Teik was spotted among the lawyers and made no fuss over the other group's protest.The crowd began to disperse at 1.30pm, about 20 minutes before a downpour. Dang Wangi OCPD Asst Comm Zulkarnain Abdul Rahman said no untoward incident occurred during the protests, adding that the crowd of about 500 were cooperative. "They complied with police instructions," he said, adding that they only led to traffic complications in the area.Related news: More than 1,000 march against Assembly Bill http://www.malaysiakini.com/news/182663

Our immediate concern is that the Malaysian Bar Council be permitted to conduct without disruption from police or counter-protesters their planned peaceful march in Kuala Lumpur from the Royal Lake Club to Parliament, which is scheduled to start at 11:30 a.m. today. As you are doubtlessly aware, the Bar Council plans to hand over a written submission of their proposed amendments to PA 2011 to Y.B. Datuk Liew Vui Keong, deputy minister in the prime minister's department. Since we understand that counter-protesters may also be present during the Bar Council's march, we urge you to instruct the police to keep both protests separate to ensure that all groups may peacefully assemble to make their views known.

The Bar Council's demonstration and all other peaceful protests related to deliberations over the PA 2011 should be accorded their rights to peaceful assembly, in accordance with protections outlined in article 10 of Malaysia's constitution and article 20 of the Universal Declaration of Human Rights.

Human Rights Watch notes that in your Malaysia Day speech, you stated that "the Government will also review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter." We commend your initiative to revamp the Police Act to do away with the requirement that organizers of a public assembly receive a permit in advance to proceed.

However, Human Rights Watch has identified a number of serious problems with the proposed PA 2011 that introduce restrictions which are not compatible with international human rights standards. Most important is the express prohibition of "assemblies in motion"—marches and processions that often take place on streets. Under general principles of international human rights law, any restrictions on the right to peaceful assembly must be necessary for public order and proportionate to the circumstances—a wholesale ban cannot meet those requirements. Every day, major cities around the world accommodate peaceful street protests and marches without disrupting the life of the city and its inhabitants and without having the protests erupt in violence.

We are further concerned with section 15(2)(h) of the Peaceful Assembly Bill, which cedes wide discretionary power to the district police chief to decide on, among other factors, the date, time, and duration of an assembly; the conduct of the participants; accommodation to the interests of others, such as business owners; and "any other matter that he deems necessary or expedient in relation to the assembly." In addition, section 21(2) of the bill provides that the police officer, in exercising the power to disperse an assembly, may use "all reasonable force" —but then fails to define what constitutes "reasonable" and what sort of situations would prompt that use of force.

Parliament should also revise the provision of the draft law that states that no assembly may be held at a "prohibited place" or within 50 meters of a place so designated. The list of prohibited places is unnecessarily long, raising concerns that these restrictions will make it virtually impossible to hold an assembly in an urban setting.

The Peaceful Assembly Bill reserves wide powers for Malaysia's home minister, including to determine whether an assembly may be legally held. Government objections to planned assemblies should ultimately be resolved by the courts, not a government minister.

Proposed prohibitions on children under 15 years and non-Malaysian citizens participating at an assembly are unnecessary and disproportionate restrictions, and are discriminatory.

Finally, Human Rights Watch notes with concern the undue haste with which PA 2011 is apparently being propelled through parliament and the lack of meaningful consultation with civil society that occurred prior to its being tabled. We urge that the bill be immediately withdrawn so that it can be referred to a Parliamentary Select Committee where all stakeholders can take part in a public consultation process to propose amendments to the draft law. PA 2011 should not be tabled until the defects outlined above—as well as others identified—are removed. The bill should only be enacted if it respects the right to peaceful assembly recognized under international law.

Malaysia stated in its campaign for a seat as a member of the United Nation Human Rights Council that it would promote and uphold international human rights standards. PA 2011 is one of the biggest tests of that commitment, and Malaysia should rise to the occasion and uphold the standards it pledged to respect when it stood for election.

Malaysian Bar members marching to Parliament to protest the Peaceful Assembly Bill November 29, 2011.

KUALA LUMPUR, Nov 30 — LawAsia, an international society of lawyers, judges and legal experts said today Malaysia has directly or indirectly breached the Universal Declaration of Human Rights (UDHR) in passing the Peaceful Assembly Bill.The 45-year-old society — which the Malaysian Bar is a member — pointed out that Article 20 (1) of the UDHR states that "Everyone has the right to freedom of peaceful assembly and association and which principle is entrenched in other international and regional instruments".

In a statement today, its president Malathi Das said it objected to the prohibition of street protests, the age restrictions on who may organise and attend an assembly, and the onerous procedures required to seek permission to hold an assembly as provided for under the new law.

It also noted that the new law increased the police's powers with regards to an assembly but lack the definition to safeguard the public from excessive misuse of such powers.

It is noted that members of the Malaysian Bar had marched peacefully to Parliament yesterday to present their alternative, which proved street demonstrations could be peaceful and not threaten public order or safety.

In conjunction with TPP/FTA talks to be held by the Malaysian and US government from the 5th to 9th December, 2011 in Kuala Lumpur

The Trans Pacific Partnership Agreement /Free Trade Agreement negotiations will be held in Kuala Lumpur from the 5th December, 2011 till the 9th December, 2011. This TPP trade agreements have drastic implications on all sectors of the rakyat. But currently negotiations of the Trans-Pacific Partnership Agreement (TPPA), and Free Trade Agreement with the USA are happening behind closed doors where all the text being discussed are not shown to the public, thus we do not know what is being agreed on our behalf by the government.

If the FTA is signed,it will make it harder for farmers and manufacturing workers to make a living. It will make medicines and books more expensive for all Malaysians. It will make it harder for the government to regulate foreign companies in the interests of the 99% of Malaysians, including environmental and health regulations. Come to this Public Forum to learn how you will be affected by these secret negotiations!

DATE : 3RD DECEMBER, 2011 ( Saturday)

TIME : 9.30 AM TO 5.00 PM

VENUE: BILIK GERAKAN, 1ST floor , PEJABAT MAJLIS BANDARAYA

PETALING JAYA, JALAN YONG

SHOOK LIN, P.JAYA. ( BESIDE MBPJ CIVIC CENTRE)

TOPICS : What are FTA how it effects our lives , Implications to workers, farmers, service sectors , Effects on healthcare , medicine , With FTA how government becomes subservient to investors and large corporations . Intellectual property rights. What is to be done to fight FTA??

The Malaysian government has introduced a law which would further tighten the country's excessive restrictions on peaceful protest ahead of next year’s expected general elections, Amnesty International said today.

If enacted, the Peaceful Assembly Bill would effectively prohibit street protests and fine demonstrators who fail to comply up to 20,000 Malaysian ringgit (US$6,000). The Malaysian Parliament is to consider the bill on Tuesday.

“This bill is a legislative attack on Malaysians' right to peaceful protest," said Sam Zarifi, Asia-Pacific director at Amnesty International. "The Malaysian parliament should firmly reject this legislation."

Last July, the authorities launched a brutal crackdown on freedom of peaceful assembly when the Coalition for Clean Elections, known as Bersih, held a march for electoral reforms in Kuala Lumpur. Police beat peaceful protesters, fired tear gas canisters into the crowd, and arrested at least 1,667 demonstrators.

In the bill street protest is broadly defined as "open-air assembly which begins with a meeting at a specified place and consists of walking in a mass march or rally for the purpose of objecting to or advancing a particular cause or causes."

This goes against the Universal Declaration of Human Rights which endorses the right to freedom of peaceful assembly and association (article 20).

The bill restricts demonstrations to enclosed locations, such as stadiums, and requires protest organizers to obtain police permission in advance. Under public pressure, the Cabinet on Friday reduced from 30 days to 10 days the advance requirement for organizers of a public assembly to notify the police.

Nonetheless, police are given wide discretionary powers to impose restrictions on public assembly. Organizers of the July march known as Bersih 2.0 were denied permits for assembly, both in the street and at a stadium.

This bill would put Malaysia in violation of many of its international treaty obligations. For example, it restricts children below the age of 15 from participating in peaceful public assembly. Under the Convention of the Rights of the Child, to which Malaysia is a party, children have “the freedom to have their say, and the right to form associations and assemble peacefully” (article 15).

"If the Malaysian government is serious about holding free and fair elections, it needs to end this assault on the right to peaceful protest," said Sam Zarifi.

While there is a flicker of progress in Myanmar, the light of democracy has been crushed in Malaysia. And it happened in Parliament, as the UMNO-led ruling Barisan Nasional government muscled its way to bulldoze the Peaceful Assembly Bill.

The parliament saw the play of a lethal game as only three opposition lawmakers were allowed to debate the Bill while the the BN and government-friendly lawmakers whined down their razzle-dazzle debates supporting the new piece of legislation.

Earlier this morning, hundreds of lawyers staged the “Walk for Freedom” march to register their opposition to the Bill which is repressive, encroaches into the civil liberties of the people and violates the Federal Constitution.

It is a rare protest as lawyers do not take to the streets in a whim and fancy. But when they walk, it is a slap on the face of the government as it caricatures the lack of democracy and poor governance.

There has been a significant change in Myanmar after the military handed over power to a nominal civilian government last November. No one could deny that releasing the country’s democracy icon Aung San Suu Kyi was a big step forward.

Since then, the new government has reached out to her, allowed for street protests, called for peace with ethnic minorities, freed some 230 political prisoners and suspended a highly-suspect Chinese-funded dam project.

In Cambodia there has been concerted effort by the government to weed-out corruption, empower women politically and institute electoral reforms.

We, in direct contrast, are moving backward by curbing the civil liberties of the people. Prime minister Najib Tun Razak, addicted to his flip-flop policies, has gone back on his promise of reforms in the country.

In September, Najib scrapped Section 27 of the Police Act that requires a permit before holding rallies. It was, however, replaced with the more repressive Peaceful Assembly Bill with unacceptable restrictions on freedom of assembly, association and expression – the fundamental principles in a democracy.

The new Bill outlaws all street protests, forces the organizers to give a 10 day notice to the police, regulates, restricts and imposes conditions on an assembly and prohibits anyone under the age of 15 from taking part.

Furthermore, protesters could be slapped with a RM 20,000 fine while organizers who failed to give sufficient notice would be fined RM 10,000.

We will see the play out of this controversial policy in the next weeks and months. We will witness further clamping down of dissent, persecution of opposition politicians and an erosion of civil rights and liberties in the country.

In the lives of ordinary people, we will see tractors bulldozing down their sweat and blood as they are powerless to protest against corrupt contractors and an equally corrupt police force. We will see the voice of the poor being muffled even further.

Is this the future we envision for our country?

Yes, the Peaceful Assembly Bill is unconstitutional and unfair. But could the government win? To answer this question with a resounding NO, we need the rakyat to exercise their right at the ballot boxes to vote out a corrupt regime. Charles Santiago Member of Parliament, Klang

The speech by Deputy Prime Minister and UMNO Deputy President Tan Sri Muhyiddin Yassin at the UMNO General Assembly last night to UMNO Youth, Wanita and Putri wings is the "mother of all lies, falsehoods and racism". It qualifies as the worst and most irresponsible speech ever delivered by a Deputy Prime Minister and Deputy [...]

— Lucius Goon The Malaysian Insider Nov 29, 2011 NOV 29 — In a democracy it comes down to numbers. Barisan Nasional has more numbers in Parliament and is able to push through legislation, even when it is self-serving and meant for regime preservation. This afternoon the Peaceful Assembly Bill was passed in Parliament by [...]

— Spencer Gan The Malaysian Insider Nov 30, 2011 NOV 30 — I can predict how this week's Umno assembly will go: Some bit players will play the Malay card (this includes Ahmad Maslan and Muhyiddin Yassin) but then the man of the hour — Najib Razak — will saunter in and make this grand [...]

— Jacob Sinnathamby The Malaysian Insider Nov 29, 2011 NOV 29 — It may sound simplistic but the choice before Malaysians in the coming general election boils down to either good or evil. And we don't have to fear evil because evil can never prevail against goodness. You do not have to take my word [...]

Malaysiakini Nov 29, 2011 Pakatan Rakyat MPs walked out of the Dewan Rakyat during the debate on the Peaceful Assembly Bill 2011 and will not participate in voting on the Bill. The MPs said that they were disgusted that the speaker had only allowed three Pakatan Rakyat MPs – one from each party – to [...]